Karnataka HC Hijab Row Verdict: Key takeaways

The Karnataka High Court on Tuesday upheld the ban on hijabs in classrooms and educational institutes, ruling that hijabs are not an essential religious practice.

The bench comprising Chief Justice Ritu Raj Awasthi, Justice Krishna S Dixit and Justice J M Khazi heard the controversial case and formulated the judgment

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CJ Awasthi, while pronouncing the judgment laid down three key questions which the verdict sought to answer:

1. Whether wearing hijab is ERP in Islamic faith protected under Article 25?
2. Whether the prescription of school uniform is violative of rights?
3. Whether the government order of February 5 apart from being incompetent and manifestly arbitrary violates Articles 14 and 15?

According to the bench, “Wearing of hijab is not an essential religious practice of Islamic faith.”

The Karnataka High Court upheld the hijab ban and said, “The prescription of uniform is a reasonable restriction on fundamental rights.”

Read | 'Hijab not essential religious practice': Karnataka High Court upholds ban in educational institutions

It also said that no case is made out for invalidating the Government Order of February 5

The bench dismissed all writ petitions filed by Muslim girl students seeking permission to wear hijab in colleges and challenging the government order of February 5.

Additionally, on whether disciplinary action should be taken against the school staff at Udupi Girls PU College, the bench said, "we are of the considered opinion that no case is made out in WP 2146/2022 for issuance of a direction for initiating disciplinary enquiry against respondents is rejected being not maintainable. Accordingly in the above circumstances, all these writ petitions being devoid of merits are liable to be and accordingly dismissed.”

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